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Member rating: No Rating | Words: | Submitted: Tue Jun 20 2006
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ASSIGNMENT 3 ISSUE: Can Joey demand the return of the cricket gear from Chandler? LAW: Unilateral mistake as to the identity of the other contracting party. APPLICATION: A unilateral mistake occurs when one party is mistaken as to a fundamental term of the contract and the other party is aware, or should be aware of that mistake. Here the mistake was made by Joey in regards to the identity of Ross. A mistake as to identity usually occurs when A (Joey) makes a contract with B (the rogue) thinking that B is C (Ross Walters the famous cricketer). This mistake is clearly evident to B when it was made by A. The contract between A and B in these situations is voidable because of B's fraudulent misrepresentation, or because of A's unilateral mistake as to the true identity of B. A voidable contract is both valid and binding on the parties. However,...
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